P.N. SETHI Vs. PARLEY BISCUITS LTD.

JUDGEMENT

(1.) - This Regular First Appeal under section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 22.10.2005 by which trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs. 7,86,131/- against the respondent/defendant on account of providing by appellant/plaintiff to the respondent/defendant consultancy services towards settlement of accounts done by the appellant/plaintiff for the respondent/defendant with the supplier of natural gas Gas Authority of India Ltd. (GAIL) to the respondent/defendant. The appellant/plaintiff pleaded that a contract was entered into between him and the respondent/defendant in terms of the appellant's/plaintiff's letter dated 8.8.1997/Ex.PW1/1 and the reply of the respondent/defendant dated 11.8.1997/Ex.PW1/2. The appellant/plaintiff pleads that on account of his visiting the office of the GAIL India Ltd on various occasions and consequently the respondent/defendant was released a sum of Rs. 1,10,76,965/- by GAIL and consequently the appellant/plaintiff became entitled to contractually receive 5% of this amount being Rs. 5,53,848/-, and since the same was not paid in spite of repeated reminders to the respondent/defendant, hence the subject suit was filed.

(2.) Respondent/defendant contested the suit and took up the objection that the amount which was released by the GAIL to the respondent/defendant was not on account of any acts or efforts of the appellant/plaintiff but was on account of the general circular dated 13.4.1993 issued by the Government of India whereby the consumers of natural gas had not to pay any minimum guaranteed off take amount, but that the consumer had only to pay for the actual gas consumed. Respondent/defendant contended that what was paid to the respondent/defendant by GAIL was the difference of the amount being the higher minimum off take already paid by the respondent/defendant to GAIL as compared to the lower amount which was actually payable on account of the lesser actual consumption of natural gas that as the minimum guaranteed consumption and this differential amount therefore was credited in favour of the respondent/defendant being the amount of Rs. 1,10,76,965/-.

(3.) Trial court by the impugned judgment has dismissed the suit by holding that payment which is received by the respondent/defendant is on account of the general circular of Government of India dated 13.4.1993 and that no evidence has been led by the appellant/plaintiff that because of his skills and expertise that the said amount was released by GAIL to the respondent/defendant. The relevant discussions in this regard are contained in paras 12 and 13 of the impugned judgment and these paras read as under:-